tw telecom of kansas city llc 4625 West 86th Street, Suite 500

Transcription

1 Original Page 1 This tw telecom of kansas city llc P.S.C. MO. No. 8 cancels and replaces in its entirety Time Warner Telecom of Kansas City, LLC P.S.C. MO. No. 4 on file with the Missouri Public Service Commission. This tariff, MO PSC No.8, contains grandfathered services as of August 1, 2007 The Company s tariff, MO PSC No. 11 contains current services and rates. Schedule of Rates, Rules and Regulations Governing the Provision of resold and facilities-based Basic Local Exchange Telecommunications Service in Portions of the State of Missouri OFFERED BY tw telecom of kansas city llc 4625 West 86th Street, Suite 500 Indianapolis, IN tw telecom of kansas city llc operates as a competitive telecommunications company in the State of Missouri Issued by: Pamela Sherwood, VP Regulatory Affairs 4625 W. 86th Street, Ste 500 Indianapolis, IN 46268

2 1 st Revised Page 2 Cancels Original Page 2 WAIVER OF STATUTES AND RULES tw telecom of kansas city llc is classified as a competitive telecommunications company in Missouri for which the following statutory and regulatory requirements are waived: STATUTES (T) (T) Section Section (1) Section Section Section Section Section Section Section Section Section Uniform system of accounts used for annual reports Ratemaking Property valuation (ratemaking) Depreciation accounts Issuance of securities Sale, assignment, lease, transfer, mortgage, disposition, encumbrance, merger or consolidation Acquisition of stock Stock and debt issuance Stock dividend payments Issuance of securities, debt and notes Reorganization(s) (T) (N) (T) (N) (T) (N) (N) (T) (T) (T) COMMISSION RULES 4 CSR (4) Telecommunications Company Records and Reports 4 CSR (5)(A) Telecommunications Company Records and Reports 4 CSR Income on depreciation fund investments 4 CSR (2)(C) Posting of exchange rates at central operating offices 4 CSR Uniform system of accounts 4 CSR Engineering and Maintenance Standards 4 CSR Quality of Service 4 CSR Service Objectives and Surveillance Levels 4 CSR Informing Customers of Lowest Priced Services 4 CSR (1), (2), Billing and Payment Standards for Residential Customers (3), (5), (6), (7), (8), (9), and (10) 4 CSR Requiring Clear Identification and Placement of Separately Identified 4 CSR (1) Disputes by Residential Customers Charges on Customer Bills 4 CSR Operator Service 4 CSR (4) Operator Service 4 CSR (5) Operator Service 4 CSR Reporting of bypass and Customer-specific arrangements (N) (N) (N) (N) (N) Issued: November 11, 2008 Effective: December 11, 2008

3 Original Page 3 TABLE OF CONTENTS Page TITLE PAGE 1 LIST OF WAIVED STATUTES AND REGULATIONS 2 TABLE OF CONTENTS 3 EXPLANATION OF SYMBOLS 7 APPLICATION OF TARIFF DEFINITIONS REGULATIONS Undertaking of the Company Prohibited Uses Obligations of the Customer Customer Equipment and Channels Payment Arrangements Allowances for Interruptions in Service Use of Customer's Service by Others Cancellation of Service Transfers and Assignments Notices and Communications Operator Services Rules SERVICE AREAS General 50

4 Original Page 4 TABLE OF CONTENTS EXCHANGE ACCESS SERVICE (Grandfathered) General Basic Exchange Line Service Basic Exchange Trunk Service Basic Exchange Digital Trunk Service DID Trunk Service Hunt/Grouping Service CLASS Features Business Custom Service ISDN/PRI Call Blocking - Information Services Reserved for Future Use Payphone Espire ISDN EXCHANGE ACCESS OPTIONAL FEATURES (Grandfathered) Directory Listings Main Number Retention Authorization Codes Vanity Number Service Call Blocking RESOLD LOCAL EXCHANGE SERVICE (Grandfathered) MISCELLANEOUS SERVICES (Grandfathered) Operator Service Busy Line Verify & Line Interrupt Service Service Implementation Restoration of Service Access Recovery Charge Time and Material Charge SPECIAL ARRANGEMENTS (Grandfathered) Special Construction Individual Case Basis (ICB) Arrangements Temporary Promotional Programs 88 Page

5 Original Page 5 TABLE OF CONTENTS INBOUND DIRECT LOCAL EXCHANGE SERVICE (Grandfathered) Description OPTIONAL 97 (Grandfathered) Customer Term Agreement Description Termination Fees e spire Local Service Plus e spire Local Service e spire Local ISDN Incoming FX e spire Local Service Plus Advantage Extended Area Service Complete Access Complete Lines/Trunks Complete T Complete Dynamic Channel APPLICATION OF RATES (Grandfathered) Introduction Rules for Charges Based on Duration of Use Rules for Rates Based Upon Distance RATES FOR SERVICES (Grandfathered) Basic Exchange Line Service PBX (Basic Exchange) Trunk Service Digital PBX (Basic Exchange) Trunk Service DID Trunk Service Hunt/Grouping Service CLASS Features Business Custom Services (BCS) ISDN/PRI Directory Listings Main Number Retention Authorization Codes Vanity Numbers Operator Services Busy Line Verify/Busy Line Interrupt 131 Page

6 Original Page 6 TABLE OF CONTENTS Page RATES FOR SERVICES (Grandfathered), (CONT d.) Service Implementation Changes Restoration of Services Inbound Direct Local Exchange Service Directory Assistance IntraLATA Calling Service Payphone Service e spire TM ISDN Service e spire Local Service Plus e spire Local Service e spire Local ISDN Incoming FX Extended Area Service Complete Access Complete Lines/Trunks Complete T Complete Dynamic Channel Access Recovery Charge Time and Material Charge RATES FOR RESOLD SERVICES Basic Exchange Line Service PBX (Basic Exchange) Trunk Service Digital (Basic Exchange) Trunk Service DID Trunk Service Hunt/Grouping Service CLASS (Custom Local Area Signaling Service) Features Business Custom Services (BCS) ISDN/PRI (Integrated Services Digital Network Primary Rate Interface) Directory Listings Main Number Retention Authorization Code Vanity Numbers Operator Services Busy Line and Busy Line Interrupt Service Service Implementation Changes for Changing Existing Services Restoration of Services Inbound Direct Local Exchange Service Directory Assistance IntraLATA Calling Service 179

7 Original Page 7 EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF The following symbols shall be used in this tariff for the purpose indicated below: C D I M N R S T To signify changed regulation. To signify discontinued rate or regulation. To signify increased rate. To signify a move in the location of text. To signify new rate or regulation. To signify reduced rate. To signify reissued matter. To signify a change in text but no change in rate or regulation.

8 Original Page 8 APPLICATION OF TARIFF This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate telecommunications services by tw telecom of kansas city llc, hereinafter referred to as "the Company", to business customers within a local calling scope as defined herein. The Company was granted a certificate of service authority to provide all forms of competitive basic local telecommunications services, and was classified as competitive, by the Missouri Public Service Commission in Case No. XA The Company will not offer services to residential customers pursuant to this tariff but the future pursuant to subsequent tariffs. may do so in All services offered by the Company pursuant to this tariff will be offered on an either are sold or facilities-based basis. GENERAL CONCURRENCE Excluding rates to be charged, and unless otherwise specifically stated herein, tw telecom of kansas city llc concurs in the conditions, limitations, restrictions, rules and regulations applying to and governing services offered by Southwestern Bell Telephone Company in its local and general exchange tariffs on file with and approved by the Public Service Commission of the State of Missouri and in any amendments or revisions thereto as authorized by the Missouri Public Service Commission or applicable law. The Company reserves the right to cancel and void, after Commission approval, the above concurrence statement, subject to requirements as may be ordered by the Missouri Public Service Commission, at any and such time as it appears that such cancellation is in the best interest of the Company and/or its customers.

9 Original Page DEFINITIONS Certain terms used generally throughout this tariff are defined below. Advance Payment: Part or all of a payment required before the start of service. DID Trunk: A form of local switched access that provides the ability for an outside party to call an internal extension directly without the intervention of the company operator. Automatic Number Identification (ANI): Allows the automatic transmission of a caller's billing account telephone number to a local exchange company, interexchange carrier or a third party subscriber. The primary purpose of ANI is to allow for billing of toll calls. Bit: The smallest unit of information in the binary system of notation. Call Back/Camp On: Permits a station line encountering an all-trunk-busy condition the option of being notified when a trunk becomes idle. Call Forwarding: Allows calls to be routed to a user-defined line inside or outside the customer s telephone system. Call Forwarding Station: Allows calls directed to a station line to be routed to a user defined line inside or outside the customer's telephone system. Call Forwarding System: Permits calls attempting to terminate to a busy station line to be re-directed to a predetermined line inside or outside the customer's telephone system. Call Forwarding Remote: This optional feature allows a user to activate/deactivate the Call Forwarding - All Calls feature or change the forwarded to telephone number from a remote location.

10 Original Page DEFINITIONS, (CONT D.) Call Forwarding Busy: Allows incoming calls to a busy station to be routed to a preselected station line or attendant within the same system or outside the system. Intercom calls can be arranged to be forwarded to a number different from DID calls. Call Forwarding Don't Answer: Allows incoming calls to be automatically routed to a preselected station line or attendant in the same system or outside the system, when the called station is not answered after a preset number of rings. Intercom calls can be arranged to be forwarded to a number different from DID calls. Call Forwarding Variable Limited: When this feature is activated by a station line user or the attendant, incoming calls to the activated station line or attendant position will be automatically routed to any other selected station line, within the same Centrex system, or to the attendant position. The attendant may also activate this feature for a station line user. Call Forwarding Variable Unlimited: The same as Call Forwarding Variable Limited except that incoming calls may be automatically routed to a telephone number outside the Centrex system or to station lines within the same Centrex system. The attendant may not activate this feature to a telephone number outside the Centrex system for a station line use. Calls forwarded outside the Centrex system are subject to the appropriate charges for local and toll messages. Call Hold: Allows the user to hold one call for any length of time provided that neither party goes on-hook. Call Park: Allows a station line to park a call against its own line number. The parked call can be retrieved from any station line by dialing a feature code and the line number against which the call is parked. Call Pickup: Allows a station line to answer incoming calls to another station line within a defined call pickup group. Call pickup is provided on individual station lines within a customer group.

11 Original Page DEFINITIONS, (CONT D.) Call Transfer: Allows a station line user to transfer any established call to another station line inside or outside the customer group without the assistance of the attendant. Call Waiting: Permits a line in the talking state to be alerted by a tone when another call is attempting to complete to the line. Audible ringing is returned to the originating line. The Service also provides a hold feature that is activated by a switch hook flash. Communication Services: The Company's intrastate toll and local exchange switched telephone services. Company or XMC: tw telecom of kansas city llc, the issuer of this tariff. Customer or Subscriber: The person, firm or corporation that orders service and is responsible for the payment of charges and compliance with the Company's regulations. Dial Pulse (or "DP"): The pulse type employed by rotary dial station sets. Direct Inward Dial (or "DID"): A service attribute that routes incoming calls directly to stations, by-passing a central answering point. Direct Outward Dial (or "DOD"): A service attribute that allows individual station users to access and dial outside numbers directly. Do Not Disturb: Permits the attendant to cut off a single station line and selected groups of station lines from receiving incoming and station-to-station calls. DSX-1 Panel: Distribution equipment used to terminate and administer DS1 (1.544 Mbps) circuits. Dual Tone Multi-Frequency (or "DTMF"): The pulse type employed by tone dial station sets. Duplex Service: Service that provides for simultaneous transmission in both directions.

12 Original Page DEFINITIONS, (CONT D.) Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light beam carrying communications signals may be transmitted by means of multiple internal reflections to a receiver, which translates the message. Hunting: Routes a call to an idle station line in a prearranged group when the called station line is busy. In-Only: A service attribute that restricts outward dial access and routes incoming calls to a designated answer point. Joint User: A person, firm or corporation that is designated by the Customer as a user of services furnished to the Customer by the Company and to whom a portion of the charges for the service will be billed under a joint user arrangement as specified herein. Kbps: Kilobits per second, denotes thousands of bits per second. Last Number Redial: Enables a station line user to redial the last called number by use of an access code rather than dialing the entire number. LATA: A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No ; or any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff FCC No. 4. Local Calling Scope: The metropolitan calling area (MCA) mandatory calling scope of the incumbent local exchange company, but it does not include tiers designated as optional. Local Exchange Carrier or ("LEC"): Denotes any individual, partnership, association, joint-stock company, trust or corporation engaged in providing switched communication within an exchange. Mbps: Megabits, denotes millions of bits per second. Multi-Frequency or ("MF"): An inter-machine pulse-type used for signaling between telephone switches, or between telephone switches and PBX/key systems. Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, that continue for the agreed upon duration of the service.

13 Original Page DEFINITIONS, (CONT D.) Service Commencement Date: The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless extended by the Customer's refusal to accept service that does not conform to standards set forth in the Service Order or this tariff, in which case the Service Commencement Date is the date of the Customer's acceptance. The Company and Customer may mutually agree on a substitute Service Commencement Date. Service Order: The written request for Network Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the respective obligations of the parties as set forth therein and pursuant to this tariff, but the duration of the service is calculated from the Service Commencement Date. Shared: A facility or equipment system or subsystem that can be used simultaneously by several Customers. Speed Calling: Permits a station line user to dial selected numbers by using fewer digits than normally required. This is accomplished through the assignment of abbreviated codes to frequently called numbers. The speed calling list is customer-changeable. System: Allows shared use of speed calling list. A control station will add, change or delete telephone numbers from the list for the group. Station: Allows a station line user to add, change or delete telephone numbers from a speed calling list. The list is dedicated to the individual station line user. Three-Way Calling: Allows a station line user to add a third party to an existing conversation. Trunk: A business communication line between two switching systems. (A switching system typically includes equipment in a central office and PBXs.) Two Way: A service attribute that includes outward dial capabilities for outbound calls and can also be used to carry inbound calls to a central point for further processing. User or End User: A Customer, Joint User, or any other person authorized by a Customer to use service provided under this tariff. Utilities: Electric, telephone or other public utilities, whose facilities are utilized by Company in provision of the services described in this tariff.

14 Original Page Undertaking of the Company Scope REGULATIONS The Company undertakes to furnish communications service pursuant to the terms of this tariff in connection with one-way and/or two-way information transmission between points within a local calling scope in portions of the State of Missouri, as specified herein. Customers and users may use services and facilities provided under this tariff to obtain access to services offered by other service providers. The Company is responsible under this tariff only for the services and facilities provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own customers.

15 Original Page Undertaking of the Company (Cont'd) Shortage of Equipment or Facilities 2.0 REGULATIONS, (CONT D.) A) The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company, when necessary because of lack of facilities, or due to some other cause beyond the Company's control. B) The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company's facilities as well as facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company.

16 Original Page Undertaking of the Company (Cont'd) Terms and Conditions 2.0 REGULATIONS, (CONT D.) A) Service is provided on the basis of a minimum period of at least one month, 24- hours per day. For the purpose of computing charges in this tariff, a month is considered to have 30 days. B) Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this tariff. Customers will also be required to execute any other documents as may be reasonably requested by the Company. C) At the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall continue on a month-to-month basis at the then current rates unless terminated by either party upon 30 days' written notice. Any termination shall not relieve the Customer of its obligation to pay any charges incurred under the service order and this tariff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the service order shall survive such termination.

17 Original Page Undertaking of the Company (Cont'd) Terms and Conditions (Cont'd) 2.0 REGULATIONS, (CONT D.) D) Service may be terminated upon written notice to the Customer if: 1) the Customer is using the service in violation of this tariff; or 2) the Customer is using the service in violation of the law. E) This tariff shall be interpreted and governed by the laws of the State of Missouri regardless of its choice of laws provision. F) The incumbent local exchange carrier or other companies must not interfere with the right of any person or entity to obtain service directly from the Company. No person or entity shall be required to make any payment, incur any penalty, monetary or otherwise, or purchase any services in order to have the right to obtain service directly from the Company. G) To the extent that either the Company or any other telephone company exercises control over available cable pairs, conduit, duct space, raceways, or other facilities needed by the other to reach a person or entity, the party exercising such control shall make them available to the other on terms equivalent to those under which the Company makes similar facilities under its control available to its customers. At the reasonable request of either party, the Company and the other telephone company shall join the attempt to obtain from the owner of the property access for the other party to serve a person or entity.

18 Original Page Undertaking of the Company (Cont'd) Liability of the Company 2.0 REGULATIONS, (CONT D.) A) The liability of the Company and Utilities for damages arising out of the furnishing of its Services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or arising out of the failure to furnish the service, whether caused by acts or omission, shall be limited to the extension of allowances for interruption as set forth in 2.6. The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liability of the Company and Utilities. The Company and Utilities will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages to Customer as a result of any Company or Utilities service, equipment or facilities, or the acts or omissions or negligence of the Company's employees or agents. B) The Company and Utilities shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

19 Original Page Undertaking of the Company (Cont'd) Liability of the Company (Cont'd) 2.0 REGULATIONS, (CONT D.) C) The Company and Utilities shall not be liable for any act or omission of any entity furnishing to the Company or to the Company's Customers facilities or equipment used for or with the services the Company offers. D) The Company and Utilities shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer-provided equipment or facilities. E) The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnities and holds the Company and Utilities harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal presence, condition, location, or use of any installation so provided. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this section 2.1.4(E) as a condition precedent to such installations.

20 Original Page Undertaking of the Company (Cont'd) Liability of the Company (Cont'd) 2.0 REGULATIONS, (CONT D.) F) The Company is not liable for any defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, unless such defacement or damage is caused by negligence or willful misconduct of the Company's agents or employees. G) The Company and Utilities shall be indemnified, defended and held harmless by the Customer against any claim, loss or damage arising from Customer's use of services, involving claims for libel, slander, invasion of privacy, or infringement of copyright arising from the Customer's own communications. H) The entire liability for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid the Company by the Customer for the specific services giving rise to the claim. No action or proceeding against the Company shall be commenced more than one year after the service is rendered. I) THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. J) With respect to directory listings, the Company s liability shall be limited to the provisions of Section 5.1.1, and the further limitations provided in this Section. K) The Company s Year 2000 readiness depends on the readiness of several third party vendors whose Year 2000 readiness the Company cannot control. Due to the interdependence among telecommunications providers and the interrelationship with non-company processes, equipment and systems, the Company is not responsible for Year 2000 failures caused by circumstances beyond its control, including, but not limited to failures caused by: 1) the Customer; 2) other telecommunications provider; 3) customer premises equipment; or 4) suppliers of hardware, software, data, and other equipment and supplies. The Company will make reasonable effort to cure any material failure to provide service caused solely by year 2000 defects in the Company s hardware, software, or systems.

21 Original Page Undertaking of the Company (Cont'd) 2.0 REGULATIONS, (CONT D.) Notification of Service-Affecting Activities The Company will provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service activities. The Company will work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible.

22 Original Page Undertaking of the Company (Cont'd) Provision of Equipment and Facilities 2.0 REGULATIONS, (CONT D.) A) The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with, the regulations contained in this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. B) The Company shall use reasonable efforts to maintain only the facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the Company, except upon the written consent of the Company. C) The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer. D) Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which it was provided by the Company.

23 Original Page Undertaking of the Company (Cont'd) 2.0 REGULATIONS, (CONT D.) Provision of Equipment and Facilities (Cont'd) E) The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company's agents or employees to the Premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. G) The Company shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities. Subject to this responsibility, the Company shall not be responsible for: 1) the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; or 2) the reception of signals by Customer-provided equipment.

24 Original Page Undertaking of the Company (Cont'd) Non-routine Installation 2.0 REGULATIONS, (CONT D.) At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but, at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply.

25 Original Page Undertaking of the Company (Cont'd) Special Construction 2.0 REGULATIONS, (CONT D.) Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken: A) where facilities are not presently available, and there is no other requirement for the facilities so constructed; B) of a type other than that which the Company would normally utilize in the furnishing of its services; C) over a route other than that which the Company would normally utilize in the furnishing of its services; D) in a quantity greater than that which the Company would normally construct; E) on an expedited basis; F) on a temporary basis until permanent facilities are available; G) involving abnormal costs; or H) in advance of its normal construction Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, its agents or contractors.

26 Original Page Prohibited Uses 2.0 REGULATIONS, (CONT D.) A) The services the Company offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. B) The Company may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and Missouri Public Service Commission regulations, policies, orders, and decisions. C) The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others. D) A customer, joint user, or authorized user may not assign, or transfer in any manner, the service or any rights associated with the service without the written consent of the Company. The Company will permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated communications services. Such a transfer will be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this tariff will apply. E) The Company prohibits unauthorized use of its network by end user Customers to originate or terminate 800/888/Toll Free Number Traffic without the Company's express written authorization (including but not limited to all forms required for authorization by the SMS/800 Database). Customer understands and agrees that Customer is directly responsible for, and Company shall not be responsible for, any access charges that may be due to the originating or terminating local exchange carrier in connection with end user 800/888/Toll Free Traffic. To the extent that Customer points or otherwise directs its 800/888/Toll Free Traffic towards the Company's local telephone numbers, or in any way represents that the Company has authorized such use of its network, the Customer shall pay such charges directly. In addition, under any circumstance under which the Company is held responsible for such charges, Customer shall indemnify and reimburse the Company for all costs associated with such use, including any charges assessed by any other party as well as any costs of litigation or investigation, including reasonable attorney s fees.

27 Original Page Obligations of the Customer General 2.0 REGULATIONS, (CONT D.) The Customer shall be responsible for: A) the payment of all applicable charges pursuant to this tariff; B) damage to or loss of the Company's facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company; C) providing at no charge, as specified from time to time by the Company, any needed personnel, equipment space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises;

28 Original Page Obligations of the Customer (Cont'd) General (Cont'd) 2.0 REGULATIONS, (CONT D.) D) obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduits necessary for installation of fiber optic cable and associated equipment used to provide Communication Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.1(C). Any and all costs associated with obtaining and maintaining the rights-ofway described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be borne entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service; E) providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company's opinion, injury or damage to the Company's employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g. friable asbestos) prior to any construction or installation work;

29 Original Page Obligations of the Customer (Cont'd) General (Cont'd) 2.0 REGULATIONS, (CONT D.) F) complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of-way for which Customer is responsible under Section 2.3.1(D); and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; G) not creating, or allowing to be placed, any liens or other encumbrances on the Company's equipment or facilities; and H) making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance will be made for the period during which service is interrupted for such purposes.

30 Original Page Obligations of the Customer (Cont'd) Claims 2.0 REGULATIONS, (CONT D.) With respect to any service or facility provided by the Company, Customers shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees for: A) any loss, destruction or damage to the property of the Company or any third party, or death or injury to persons, including, but not limited to, employees or invitees of either party, to the extent caused by or resulting from the negligent or intentional act or omission of the Customer, its employees, agents, representatives or invitees; or B) any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the Customer, including, without limitation, use of the Company's services and facilities in a manner not contemplated by the agreement between the Customer and the Company.

31 Original Page Customer Equipment and Channels General 2.0 REGULATIONS, (CONT D.) A User may transmit or receive information or signals via the facilities of the Company. The Company's services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this tariff. A User may transmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this tariff Station Equipment A) Terminal equipment on the User's Premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the User. The User is responsible for the provision of wiring or cable to connect its terminal equipment to the Company Point of Connection. B) The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer's expense.

32 Original Page Customer Equipment and Channels (Cont'd) Interconnection of Facilities 2.0 REGULATIONS, (CONT D.) A) Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Communication Services and the channels, facilities, or equipment of others shall be provided at the Customer's expense. B) Communication Services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers that are applicable to such connections. C) Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. All such terminal equipment shall be registered by the Federal Communications Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all User-provided wiring shall be installed and maintained in compliance with those regulations. D) Users may interconnect communications facilities that are used in whole or in part for interstate communications to services provided under this tariff only to the extent that the user is an is "End User" as defined in Section 69.2(m), Title 47, Code of Federal Regulations (1992 edition).

33 Original Page Customer Equipment and Channels (Cont'd) Inspections 2.0 REGULATIONS, (CONT D.) A) Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 2.4.2(B) for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. B) If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm.

34 Original Page Payment Arrangements Payment for Service 2.0 REGULATIONS, (CONT D.) The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer and to all Users authorized by the Customer, regardless of whether those services are used by the Customer itself or are resold to or shared with other persons. A) Taxes/Lawful Surcharges All applicable state and local taxes, Relay Missouri surcharge, 911 surcharges and other lawful surcharges, including gross receipts tax, sales tax, and municipal utilities tax, are not included in the Company's quoted service rates. The Customer is responsible for payment of any universal service, sales, use, gross receipts, excise, access or other local, state and federal taxes, charges or surcharges (however designated) (excluding taxes on Company's net income) imposed on or based upon the provision, sale or use of Network Services. All charges and fees subject to the Missouri Public Service Commission jurisdiction, except taxes and franchise fees, will be submitted to the Missouri Public Service Commission for prior approval Billing and Collection of Charges A) Non-recurring charges are due and payable from the customer within 30 days after the invoice date, unless otherwise agreed to in advance. B) The Company shall present invoices for Recurring Charges monthly to the Customer, in advance of the month in which service is provided, and Recurring Charges shall be due and payable within 30 days after the invoice date. When billing is based on customer usage, charges will be billed monthly for the preceding billing periods. C) When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis. For this purpose, every month is considered to have 30 days.

35 Original Page Payment Arrangements (Cont'd) 2.0 REGULATIONS, (CONT D.) Billing and Collection of Charges (Cont'd) D) Billing of the Customer by the Company will begin on the Service Commencement Date, which is the first day following the date on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the Service Order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued. E) The Customer will be assessed a charge of twenty-five dollars ($25.00) for each check submitted by the Customer to the Company that a financial institution refused to honor. F) Unless otherwise waived by the Missouri Public Service Commission, the applicable provisions of 4 CSR shall apply to all deposits, billings and any service disconnections made by the Company. G) If service is disconnected by the Company in accordance with section following and later restored, restoration of service will be subject to all applicable installation charges.

36 Original Page Payment Arrangements (Cont'd) Advance Payments 2.0 REGULATIONS, (CONT D.) To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilities are furnished. The advance payment will not exceed an amount equal to the non-recurring charge(s) and one month's charges for the service or facility. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated non-recurring charges for the special construction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer's initial bill. An advance payment may be required in addition to a deposit.

37 Original Page Payment Arrangements (Cont'd) Deposits 2.0 REGULATIONS, (CONT D.) A) To safeguard its interests, the Company may require a Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. The deposit will not exceed an amount equal to: 1) two month's charges for a service or facility that has a minimum payment period of one month; or 2) the charges that would apply for the minimum payment period for a service or facility that has a minimum payment period of more than one month; except that the deposit may include an additional amount in the event that a termination charge is applicable. B) A deposit may be required in addition to an advance payment. C) When a service or facility is discontinued, the amount of a deposit, if any, will be applied to the Customer's account and any credit balance remaining will be refunded. Before the service or facility is discontinued, the Company may, at its option, return the deposit or credit it to the Customer's account. D) Deposits will accrue interest at a rate of nine percent (9%).

38 Original Page Payment Arrangements (Cont'd) Discontinuance of Service 2.0 REGULATIONS, (CONT D.) A) Upon nonpayment of any amounts owing to the Company by a business Customer, the Company may, by giving 5 days prior written notice to the Customer, discontinue or suspend service without incurring any liability. B) Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 30 days' prior notice in writing to the Customer, discontinue or suspend service without incurring any liability if such violation continues during that period. C) Upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service without incurring any liability.